Delivery fees under scrutiny

The price of getting dinner delivered is facing new scrutiny as federal regulators ask whether food and grocery apps hide or misstate fees. (ftc.gov) On April 14, 2026, the Federal Trade Commission said it is seeking public comment on whether a rule is needed for “unfair or deceptive fee practices” tied to online food and grocery delivery platforms nationwide. The agency followed that with an Advance Notice of Proposed Rulemaking published April 16 in the Federal Register. (ftc.gov, federalregister.gov) The notice asks about drip pricing, service fees, delivery fees, small-order charges, subscriptions, tips, price markups on menu or grocery items, and billing without consumers’ “express informed consent.” Comments are due by May 18, 2026. (federalregister.gov, advertisinglaw.fkks.com) That federal move lands as one major burger chain is still refusing the delivery-app model altogether. In-N-Out CEO Lynsi Snyder-Ellingson said the company does not offer mobile ordering or delivery because it wants to protect “warm” customer service and food freshness. (chowhound.com, usatoday.com) In-N-Out’s stance leaves customers with the old tradeoff: lower app-related complexity, but no tap-to-order convenience and no third-party delivery option. Other chains have moved the other way, using apps, pickup lanes, and delivery marketplaces to add ordering channels and fees. (chowhound.com, yahoo.com) The Federal Trade Commission is not singling out one company in this proceeding. Its questions cover the structure of the delivery market itself, including whether fees are disclosed late in checkout, whether item prices differ from in-store prices, and whether platforms steer consumers with “free delivery” claims that still leave multiple charges. (federalregister.gov, ftc.gov) The agency’s questions also reach restaurants, grocers, and couriers. The notice asks how fees are split among platforms, merchants, and workers, and whether current pricing practices distort competition or make comparison shopping harder for consumers. (federalregister.gov, advertisinglaw.fkks.com) This is an early rulemaking step, not a final crackdown. After the comment period closes, the commission will decide whether to propose a rule, what practices it would cover, and how far Washington should go in policing the extra charges attached to a delivered meal. (federalregister.gov, ftc.gov)